Digital Commons Network^™

The Beagle Channel Affair: A Failure In Judicial Persuasion, David M. Himmelreich

Vanderbilt Journal of Transnational Law

It has been demonstrated that although the Argentine Declaration of Nullity does not contain valid legal arguments for rejection, it does indicate weaknesses in the Court's opinion that make it vulnerable to rejection for political reasons. Specifically, the Court's remarks about Chilean possession of disputed islands outside the hammer were especially ill-advised. In addition, the Court failed to clearly articulate the reason for dividing the small Channel islands by appurtenance while refusing to do so for PNL. Finally, the Court's refusal to apply an Oceanic principle, even in a narrow sense, was questionable in a case in which the legal …

Foreword - Symposium: Environmental Law, Donald G. Hagman

Santa Clara Law Review

No abstract provided.

Comment: The Texas Bar In The Nineteenth Century, Mary K. Bonsteel Tachau

Vanderbilt Law Review

Maxwell H. Bloomfield's Article, "The Texas Bar in the Nineteenth Century," presents an ingenious collage of information derived from more or less standard kinds of secondary works, interspersed with excerpts from the diary of a Texas lawyer and the brotherly correspondence of another, and highlighted with statistical data from the manuscript censuses of 1850, 1860, and 1900.Although the evidence centers on Galveston, the careers of William Pitt Ballinger and Alfred Howell, and the Texas Bar Association movement, Professor Bloomfield's skill in creating a series of vignettes leaves us with impressions of the entire bar for fifty years of what was …

King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George

UC Law Journal

The Anglo-American legal system requires rules of law that are expressed directly and concisely. As a result, the full content of some legal principles remains unstated, occasionally giving the directly stated rule the appearance of a paradox in its application. Professor George examines three examples of such apparent paradoxes, terming them "Loops," "Reversals," and "Hitches." He explores their use in providing understandable statements of law, in allowing the use of feedback in judicial decisions, and in providing a cover for the exercise of judicial discretion.

Cardozo's Appointment To The Supreme Court, Andrew L. Kaufman

Cardozo Law Review

Shortly before noon on February 15, 1932, Herbert Cone, confidential clerk to the New York Court of Appeals, went to the Albany train station to pick up Chief Judge Benjamin Cardozo and to give him a message. He told Cardozo that Lawrence Richey, special secretary to President Hoover, had tried to reach him at his New York office earlier that morning and had asked that he call the President as soon as he reached Albany. Cardozo returned the President's call from his office at the Court of Appeals and received an offer of appointment as a Justice of the Supreme …

Karl Winsness And Associates, A Partnership V. M.J. Conoco Distributors, Inc., A Utah Corporation : Reply Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the Third District Court In and For Tooele County Honorable Peter F. Leary, Judge

Institutional Arrangements And The Law Of The Sea, Bernard H. Oxman

University of Miami Inter-American Law Review

No abstract provided.

Lenore And Janich: Competitors And Predators In The Ninth Circuit, Elizabeth R. Grady

Loyola of Los Angeles Law Review

No abstract provided.

The Antarctic Regime: An Introduction, Bernard H. Oxman

University of Miami Law Review

No abstract provided.

The Maine Coast : Issues Considered, Maine Coastal Program

Maine Collection

The Maine Coast : Issues Considered - A Report to the Governor by his Advisory Committee on Coastal Development and Conservation

Maine Coastal Program, Maine State Planning Office

Augusta, Maine (31 October 1978)

Contents: Introduction / Summary of Committee Recommendations / Fisheries / Port Development / Heavy Industry Siting / Travel and Tourism / Cumulative Impact of Development / Natural Resource Information Transfer

State Of Washington V. Confederated Bands And Tribes Of The Yakima Indian Nation, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman

Buffalo Law Review

No abstract provided.

School Desegregation Remedies And The Role Of Social Science Research, Betsy Levin

Law and Contemporary Problems

Reviews some recent lower court cases concerned with unconstitutionally-segregated schools and the development of remedies that involve four issues: busing, White flight, magnet schools, and compensatory education.

The Broad Brush And Beyond -- Improving Legislative Titles In North Carolina, David M. Lawrence

North Carolina Law Review

No abstract provided.

Oil Rights In The Gulf Of Suez, Richard A. Curry

Louisiana Law Review

No abstract provided.

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.

Can Localities Lock The Doors And Throw Away The Keys, Stephen Landsman

The Journal of Law and Education

No abstract provided.

Attorney General Opinions, A. F. Summer, Scherry J. Lesieur

MC Law Review

No abstract provided.

Attorney General Opinions, A. F. Summer, Scherry J. Lesieur

MC Law Review

No abstract provided.

The Law Reform Commission Of Canada, Barnes And Marlin, And The Value-Consensus Model: More About Ideology, M. R. Goode

Dalhousie Law Journal

Barnes and Marlin have attacked the original paper written by me about the Law Reform Commission of Canada and the ideology of criminal process reform. The discussion which follows is not limited to being my response to their response: such a discussion would be fruitless and introverted to the point of boredom. Thus, although some of the discussion begins with Barnes and Marlin, it is not intended to end there, for indeed Barnes and Marlin have not really discussed much of the original comment at all. Their paper contains some discussion of the notion of consensus although, it is submitted, …

What Is A Record? Two Approaches To The Freedom Of Information Act's Threshold Requirement

BYU Law Review

No abstract provided.

Antitrust Alchemy: Liquid Asphalt To Black Gold, David R. Kamerschen, David C. Neveln

North Carolina Central Law Review

No abstract provided.

Science In The Sea-Can The Scientists Endure 200 Mile Jurisdiction?: A Case Study Of The R/V Trident 1973-1975, Barbara Ray

Marine Affairs Theses and Major Papers

Before the 1958 Continental Shelf Convention scientists were free to do their research anywhere in the oceans except within a narrow band of territorial waters. Since that time national jurisdiction has closed off increasing amounts of the sea. Most coastal areas and continental shelf areas now require coastal state consent prior to commencing work. Possible reasons for this closure include 1) fear of natural resource exploitation, 2) fear of military exploitation, or 3) growing feelings of nationalism among the developing countries. This paper is divided into two parts. The first deals at length with the development of the issue of …

Ptolemaism In The Law And Concomitant Needs For Scientific Study Of The Legal System, Fredrick W. Huszagh

North Carolina Law Review

No abstract provided.

Legal Claims To Newly Emerged Islands, Jimmy L. Verner Jr.

San Diego Law Review

This comment explores the law regarding the ownership of newly emerging islands. Specifically, the comment examines who might claim ownership of newly emerged islands between the Volcano and Mariana Islands and under what theories these claims could be made. The author begins by discussing the use of existing seabed claims to claim newly emerged islands. The author then discusses how the theories of contiguity, occupation, and discovery might be used to claim newly emerged islands. The author concludes by discussing the political feasibility of such claims and the possible effect the UNCLOS III would have.

Glimpses Of England, 1895: A Letter From Hoosier Judge David Demaree Banta, Katharine Kell

David Banta (1889-1896)

An article profiling David Demaree Banta and a letter he wrote his son in 1895 from England in which he describes his trip.

Federal Tax Law: Where You Divorce Does Make A Difference, Joseph N. Ducanto

Loyola University Chicago Law Journal

No abstract provided.

The China Trade: Legal And Economic Considerations For American Lawyers And Businessmen, Dennis W. Bryan

North Carolina Journal of International Law

No abstract provided.

Reports On Seminars: Pollutions Issues, Myres Mcdougal

Canada-United States Law Journal

No abstract provided.

Heads Across The Border, John Holmes

Canada-United States Law Journal

No abstract provided.